The Lusaka High Court has today ordered an inquiry into how the Attorney General and Secretary to the Cabinet transferred power from Acting President Edgar Lungu to Vice-President Guy Scott following the death of President Michael Sata.
Justice Gertrude Chawatama has set Friday, November 14, 2014 as the date for an inter- parte hearing into the case regarding the controversial transfer of power from Mr Lungu to Dr Scott.
This is the matter in which a judicial review application has been filed against the decision of cabinet to transfer power from Mr Lungu to Dr Scott.The court order follows a petition by Mr. Newton Ng’uni who has sued Dr. Guy Scott as first respondent, Attorney-General Musa Mwenye and Hon Edgar Lungu as second and third respondents respectively.
Under Order 53(3) of the Supreme Court Rules, Mr Ng’uni sought judicial review against the decision of the respondents to transfer power from Hon. Lungu to Dr Scott under Gazette Notice No 638 of 2014 at a cabinet meeting held on 29th October 2014. Mr Ng’uni relied on sworn evidence by the Minister of Tourism Hon. Jean Kapata who has submitted that no Gazette Notice, no Letter of Transfer of Power and no instrument were signed to signify the transfer of power from Mr Lungu.
As a result, she contends that the decisions of the Attorney General and Secretary to the Cabinet were illegal and requires urgent address. Hon. Kapata has submitted that the transfer of power was done under duress and threats of treason against Mr Lungu and all ministers who opposed Mr Mwenye’s opinion. “Mr Musa Mwenye insisted that if Mr Lungu did not surrender the instruments of power, he would be charged with treason, including all cabinet ministers who opposed his advice,” Hon Kapata says. Hon. Kapata further explains that when Home Affairs Minister Dr Ngosa Simbyakula, a constitutional lawyer, argued against Mr Mwenye’s opinion and was joined by Hon. Joseph Kasonde and Hon. Professor Nkandu Luo in challenging the validity of the Attorney General’s opinion, heightened threats of arrest were made by Mr Mwenye.
Mr Mwenye then came back with even a more direct threat if the ministers continued to argue with him, the police would then move in and arrest them for treason. At this point the meeting adjourned to 09:00 hours and on resumption, Mr Mwenye continued with his threats that Mr Lungu should hand over power to Dr Scott otherwise he and all ministers opposing this view would be charged with treason.
“I believe that what happened at this 2nd meeting of the cabinet is illegal and requires urgent redress,” Mrs Kapata submits.
And Mr Lungu, in his affidavits in support of the motion submits that the Attorney General warned him that police were on stand-by to arrest him and other cabinet ministers opposed to his opinion. Mr Lungu submits that the Attorney General instilled fear in him and cabinet ministers forcing him to surrender the instruments of power to Dr Scott.
Let the games begin!
We are back from burring the old man. It is however surprising that the PF have pressed on the self distract button.
Who brought this confusion upon us? Sata or Musa Mwenye? Zambians I appeal to you all well meaning citizens of this our beloved nation – Let us get rid of PF. Let us not share in their curse.
let the truth be told by the chaps who where there.hope they are not delaying us we want to elect a new president.
The Article is not well written as it fails to place emphasis on the fact that Newton Nguni is sueing on behalf of Edgar Lungu. In other words Lungu has taken the matter to court to get power back from guy scott. In PF they drink and breath Pandemonium. They are a party of violence and extreme confusion. In that respect they are like the late Dictator Mike Sata. When you have characters like Jean Kapata and Chishimba Kambwili, that is a recipe for disaster bane. I hope the High court will not get this wrong again. Sakwiba Sikota is wrong on this one. When a sitting President dies, the only article of the constitution that comes to play is article 38. That is what all debate should be centered on. Article 34 and 39 are irrelevant to the heart of the issue at hand.
This is not the right time. The country needs a leader not bickering bit.ches of men. I can’t stand people who never find solutions to problems and hide in stup.id inquiries.
I am beginning to dislike Lungu
Worst case scenario I would go for HH before endorsing Lungu
Thanks
Crap !! While we are at it i endorse Lungu for president..
Stup!d PF, stup!d Lungu. The reason they want to remove Guy Scott as soon as possible is coz he will not allow them to use Government coffers to campaign. Fcuk this party mwe!
Wrong move by Edgar here. Everyone else is being used by him as a front all because after making the right decision of following and handing over power to a sitting VP as required by Article 38 his cohorts called him a coward.
As they tried to push him, blindly he followed. Then Guy Scott unilaterally mistakenly fired him as SG of the party. Big bad mistake, big time! After being reinstated due to efforts of the same cohorts, he was emboldened thinking he could challenge Cabinet’s decision to follow the Constitution. Bigger mistake, big time!
Here’s the expected decision! Duress or none thereof, Article 38 is the only part of our currently flawed Constitution that deals with who takes over after a sitting President dies or in case of infirmity. Lungu loses, biggest of all times!
How can this group of people develop Zambia? Can they be trusted? HH and UPND is the only answer. Let us try them and if they also mess up we shall eject them.
The issue of the transfer of power is a real issue and no one has given a credible opinion. In my view Lungu has done the right thing to seek clarification from the courts as they are the only body vested with the powers to settle such disputes. The nation has been embroided in a debate of whether or not it was legal for Lungu to hand over to Scott. To me, it is not about Lungu being greedy but about what the Constitution says about the handling of power. It will be damaging for Lungu if he looses (his own fault) but it will be jutice served if he wins. And for me “Justice” will be better than having Lungu or Scott being “Acting President” for 3 months.
gundown! u hit the nail on the head. my man…….instead of them concentrating on who is gona stand as pf president and so on…are busy talking about bullshit.hhhhhhhhhhhhhhh
I was expecting an inquiry on the lies about Mr. Sata’s health before this case. I will ask my friends on how we can handle this very important matter that has led to this case. First things first.
Now i see how stu..pid ZWD and its bloggers are,for some reason,they have twisted this issue and said that Lungu is the one suing Guy.To my surprise,their fans are busy bashing Lungu and the PF.Am not a Lay scholar but i see that Guy,Mwenya and Lungu are the respondents in this case,how then can Lungu be on both sides of the same case?
Father send confusion in the camp of these Pathetic Fools. Those the gods are about to destroy he first confuses them
If PF want to win, they should show leadership. Guy Scott is the Vice President of the Country?? what’s wrong with these leaders. just to fight for a 90 days presidency?? come on forget this and lets move forward for
Wow things are now unfolding. We now begin to understand why Edgar Lungu was fired. There are a lot of things happening behind the curtains. Bane we are in trouble.
Lungu has made no single mistake in this matter. No. 1. While Guy announced that the Central Committee would be meeting to select a candidate, Lungu announced the following day that they would go for a convention. He has stood by that position. Now he called for the CC to meet about procedure and other relevant issues. The fact is that the CC should meet to prepare for the convention, and procedure must be discussed and agreed upon. Simple. 2. If there was anything arbitrary in the handing over of power, it should come out now. This is a serious abrogation of the constitution. Lungu, PF, concerned Zambians must not wait. If the accusations are true then we do not have a legitimate president in office. It is serious! Its serious security/constitutional threat. Culprits should be arrested.
aaaaha I knew that something was not right somewhere. wrestling for power….the game has started indeed
Will this act by Edgar Lungu come to haunt him? In a decent and civilized society where voters use brains to cast their votes, his ratings would have plummeted as a result of this court action.
Unfortunately he is counting on the kaponya mentality that seems to dominate the zambian electorate and bafoonery as indicated by the loud applause when he shamelessly politicized the funeral service yesterday. Anyway, I strongly believe that there are so many factions or puppets in PF with equally as many puppet masters behind the scenes hedging their bets and pulling strings. How can anyone in their right mind trust this bunch with even another twenty months of power they do not deserve even another two minutes of power? Out with PF I say
Wapya munzi. Everyone is now scrambling for power.
It actually raises Edgar Lungu’s name to a higher plateau.
let HH snatch this presidency, they still have time to fight each other even just 2 months to an election,shame.
Nazo nkhani. Who is who? To threatened by AG was not correct meaning that the constitution was not followed. How can the cabinet trust Guy Scot when the President himself did not trust him? Dull AG and the entire cabinet. Normalise things now before it is too late.
Something untoward afoot, quite clearly! Indeed, and quite seemingly, handwork of the cartel!
All things work for the good for those that love the Lord. Edgar Lungu everything is being handed to you in a magnificent manner. Embrace the Lord Jesus and lead gracefully.
Leave the Lord out of this iweee. Your Lungi is a dishonesty thief and drunkard.
Oh please!!!! Leave the righteous name of God out of this lying coniving self serving group of selfish politicians. Invoke the name of God at your peril
Jesus dies 2014 years ago. He is dead! MHSRIP.
Don’t just yap pwa-pwa lord,lungu has erred illiterate mind!!! Lungu is trying to make this country ungovernable. Guys what you are not seeing is that the so called cartel are deeply en-rooted in the government system and its full of intellectual yet the other group are just power hungry.
Jesus resurrected 2014 years ago. He lives. He is in control just believe in him. He does not fight flesh and blood but principalities. The demons in Lungu (frustration, ambition of chancing, idiocy, alcoholism, panic etc.) are the principalities using him. He has forgotten that Zambia is a Christian nation and taking each other to courts instead of the conversion is utter stupidity. Lungu is very poor and not Presidential material. Am a PF member, and I am sorry to say Lungu is lying, as a defence Minister how can the police threaten him of arrest?
Can’t believe Jean Kapata’s idiocy, or is it Lungu hiding behind Jean’s bokosi. Whatever it is you are trying to achieve is not going to benefit you or PF. And, it is not in the interest of the nation.
At least, we now know how power-hungry you are.
U r right, Lungu could be hiding in kapata’s a** cause theres no way kapata could be smart and courageous enough to institute all this…
Though its important to established the truth and right procedures for posterity, its not good to start fires within PF that will work against them. instead of resolving the PF candidature for the by-election they are busy fighting amongst themselves. you have less that 80 days wol and us as Zambians we want to elect a president who will iron out these grey areas in the constitution.
Continue fighting and you will leave government very soon within the next 80 days.
how could a man like Edgar lungu be threatened when he too just like mwenye is a lawyer, who we expect to understand and interprate the constitution quiet well the same goes for ngosa simbyakula.these guys ought to be serious.
Lungu contesting for presidency is the joke of the year
i agree with you. This Lungu is not straight in his actions typical of easterners never trust them.
we dont care what happen ,we want to move forward and get out of this shit that is happening.honestly when it comes to leadership lam very disappointed with pf.HOW DID YOU GUYS VOTE FOR THESE PEOPLE TO RUN OUR NATIONAL AFFAIRS.
Arrest the Attorney-General Musa Mwenye!!!!
You people are still bickering? If you are not careful, you are going to cost yourselves the presidency. What difference was it going to make if Edgar continued as VP for the next eighty days? While everyone is excited about Lungu I am yet to see anything in this man. Is it a question of a one eyed man being king in the country of the blind?
It’s up for grabs. No one has it. The throne is vacant! There is no guarantee anyone of them will win it.
PF has done some things wrong:
i) They carried along a president whose state of health was not know for a time and nothing has been explained so far. They used falsely to tell that the President was well and working while others are now saying that he was evacuated to the UK. The constitution is clear about an incapacitated President.
ii) Power transfer amid the confusion has been found wanting.
Let alone the lies that got then into power. IF PF HAS ANY SCRUPULES THEY NEED TO APOLOGISE TO THE CITIZENRY BEFORE THEY CAN EVEN START. TO FOLD THEIR ARMS AND CARRY ON MIGHT BE DISATROUS IN THE LONG RUN. POWER IS OUT OF THEIR HANDS AS THINGS STAND, IT’S IN THE HANDS OF THE PEOPLE.
I wish well PF guys as you in this momentous time!
Lungu is such a dull lawyer and I wonder why some people even think that he is presidential material. In the first place he has called central committee members for a meeting to elect the presidential candidate for PF and at the same time dragging Scott who is supposed to chair that meeting to court. Secondly, he is hiding behind Nguni who if I recall is either an FDD or MMD member. Thirdly, last week he said he handed over power to Scott in the interest of peace in the nation and now he says it was under duress, which is which? Fourthly, in the event of him being selected as the candidate, how is he going to campaign without the support of Scott, the acting PF boss? In conclusion, Lungu cannot be trusted with the presidency. He is dull,disloyal, a liar and a thief period. Fire him now.
In the interest of peace,,,,under duress,,,are they not saying the same thing? Inglaise!
Respected minds boasting impeccable legal credentials have voiced their objective opinion on this issue. Guy is the guy to PF to election 2015, as enshrined in the ‘people’ driven constitution. All Lungu wants is to control state assets and illegally use them to campaign. I hope his ‘under 5’ move to sue Scott would boomerang in his alcoholic face.
THIS PETITION WILL BE THROWN OUT BEFORE IT EVEN SEES THE LIGHT OF THE DAY. AS FOR LUNGU, HE HAS STARTED DESTROYING EVEN THE VERY GOOD THAT SOME OF US MAY HAVE SEEN IN HIM.
Lungu is a well known drunkard and dishonest lawyer who chewed his clients money.
Show me which lawyer is not a drunkard and has not copped clients’ money and I will show you a country full of incompetent learned men calling themselves lawyers.
If it turns out to be true that Lungu capitulated to threats from ba mwenye, then the man is finished. What African man that has the full military apparatus in his finger tips crumbles to threats from an ag? How weak does one have to be honestly? There is an old African saying that, Big baboon bent your tail so the little ones can respect you. All you had to do was order the military to your residence and ba mwenye would have backed off immediately.
Zambia is a nation of drunkards.
By that rule, Hon Lungu qualifies to become president.
QED.
You mean a drunkard ruling over fellow drunkards?
That would be a DUI classic!
Edgar Lungu is delusional. Let him get over it and move on. The boat has capsized already. Whatever effort to remedy the situation is wasted effort. Time to press the reset button and move on.
Edgar Lungu’s record speaks for itself. The man is not presidential material. What qualifies to be regarded as criminal record? Does the decision by LAZ to strip him of practicing license for stealing a clients money qualify to be a criminal offence or is it just cases that go the courts of law?.
All lawyers in Zambia are thieves!
I really have no problem with this. When Sata died I thought that the transfer of power was straight forward but now after a few arguments by others I respect their opinion, I think there could be some merit. Let the courts settle it for us once and for all. Zambians are known for resolving issues peacefully aren’t they? If you don’t want the court route then you want the PF cadre route, ha?
And who knows, this may just teach us to be more serious in sorting out the constitution issue once and for all because the alternative is strife. We must be the laughing stock of Africa,, everybody that we assisted to get independence is clear about simple things like this. Anyway, RB/Levy tried but PF assisted by UPND, yes UPND, shot down their efforts.
Lungu is not strategic and a risk to the country. A man without balls, scared to be arrested over what he thought was the truth? He has no principles. He is a flip-flopper and a drunkard. I hope some lawyers have prepared papers to stay any poor decision by the High Court and appeal to the Supreme Court. Lungu is a disaster for PF and Zambia.
The level of brinkmanship and lack of sobriety in PF is catastrophic!!! Whereas group think is bad/discouraged for any organisation and opposing views need to be espoused/debated. However, OBJECTIVES of the organisation should remain SUPREME. Opposing factions need to get over fractious episodes, embrace each other in pursuit of the ORGANISATION’S NOT INDIVIDUALS’ goal and move on. Failure to reach consensus from the 13th November CC meeting/drop this tragic high court comedy and chart a common way forward and the PF will be doomed to scoop the record of the shortest period ruling party!!!
This has gone really fast…… already the High Court has ordered an inquiry. Exciting times ahead for peace loving Zambians. Can’t wait to hear the outcome? Tomorrow PF is in for another meeting at State House.. If I were Guy Scott I would be careful.
We warned you that the grotesque mistakes by late president will come to haunt you. You called us ngombe iledes and all the non-superlatives under the sun! Our party is inclusive to all Zambians and for all Zambians. We are changing the current African democracy paradigm to align it to the real democracy that we aspire to. We are calling all non-tribalist and sober minds to join the UPND fight for a better Zambia for all. Let us eradicate hunger, illiteracy, infant mortality, disease, despondency, hopelessness and empower our people for posterity will judge us harshly if we don’t start now. Viva HH viva UPND!
Good! Mushota vote for HH u will never regret that action.
Wrong move by Edgar here. Everyone else is being used by him as a front all because after making the right decision of following and handing over power to a sitting VP as required by Article 38 his cohorts called him a coward.
As they tried to push him, blindly he followed. Then Guy Scott unilaterally mistakenly fired him as SG of the party. Big bad mistake, big time! After being reinstated due to efforts of the same cohorts, he was emboldened thinking he could challenge Cabinet’s decision to follow the Constitution. Bigger mistake, big time!
Here’s the expected decision! Duress or none thereof, Article 38 is the only part of our currently flawed Constitution that deals with who takes over after a sitting President dies or in case of infirmity. Lungu loses, biggest of all times!
Sir,
Are you a court? If not, the matter has been takes for JR and the courts will make a ruling. The purpose of courts are to resolve differences notwithstanding someone calling countrymen as ‘bush lawyers’.
In my humble opinion, this is a matter that will exercise the minds of their Lordships and perhaps assist in delivering a new constitution which is fraught with contradictions.
Bo Siamanengo:
Your guy Lungu just lost all the goodwill he earned acting as President while presiding over the Golden Jubilee with such class and grace. As a leader one thing you have to be very careful with is the caliber of your inner circle.
If you have more testosterone and estrogen powered by adrenaline instead of endorphin (brain chemical needed for critical thinking) in people around you, you’re a disaster in waiting.
A lot of people have zero to no chance of becoming president and as such they want to be president vicariously through you. It’s okay to have them around you with one condition; they have to be smarter than you are.
They make great advisors and because they know they can only rule through you, they won’t misled because if you win, they win. Lungu has…
Look who is addressing who on matters of leadership, BRM. What a joke!
Hey BRM, when will you run for office to put your money where your mouth is?
Easier said than done buddy!
Chill.
Hey 1PLUS1:
I am busy enjoying myself leading my enterprises and absolutely not interested in leading the smart people of the Zambian Enterprise. Leading 14 million people is way too much, I am comfortable with the few I am Stewart over.
Not every place is a good place to put your money on even if your mouth is there! Got it? That’s one new leadership principle you learned today.
Ciao
Typical of Zambian politics since 1964. Instead of being proactive and planning for the future, they are bogged down in irrelevant squabbles and witch-hunts. What a bunch of minions.
Politics requires a mind that can think strategically. Lungu’s seems to think the bottle way.
guys, I think things are really getting bad, how can two lawyers in the name of Symbiakula and Lungu fail to defend the constitution in the time of need? they succumb to threats by the AG instead of challenging him through the courts of law! Can Lungu stand presidential pressure? He has failed the first test.
He further claimed that he gave in for the sake of peace, now has that move brought peace? failed the second test. PF is buried at embassy park. Mr. Sata was PF and PF was Sata so they say!
Lungu did the right thing . He waited until MCS was buried before taking the matter to court. Most of us are keen to find out how our courts interpret the matter. Does our constitution allow Guy Scott to even act as the president. If it does,then why was he never appointed as acting president each time MCS was out of the country?
Isn`t this the Lungu who was fired at Barclays Bank and the then ZCCM because of theft. Isn`t this the Lungu who had is law practicing certificate revoked because he embezzled clients money?
I wouldn’t be surprised if Lungu was drunk during the Cabinet meeting at he was requested to step aside for Scott.
Its seems Lungu does not remember the events. How can the Attorney General threaten the whole Cabinet into agreeing to something that is illegal?!
No wonder they are a bunch of retards who found themselves in government mysteriously.
Any wonder he is such an excellent PF presidential candidate!
As a litigable story, this is an excellent court case. It is going to create a precedence which, hopefully, will stand the test of time, so as to lead and guide the gullible. Who knows, Zambia may yet find herself being led by politicians who may have bought their degrees online and have thus no clue how to go about reading a code of law.
How in the world can an entire Minister of Defense cum Justice Minister be threatened by an AG? Men and boys are only separated during tough battles. To see that Edgar folded his tail in fear like a dog when a word like ‘treason’ was mentioned shows you the man has no balls. This is the man you want to entrust to be Commander in Chief who only wants to show decisiveness after regretting his earlier actions? He will give in and run away at the crucial moment instead of commanding the troops. This whole saga shows that the man apana stamina and makes me question his leadership qualities. The Mandelas and Steve Bikos put their lives and marriages on the line and got incarcerated for 27 years because they would not budge to the white regime. Even here hiding behind Kapata & Nguni…
But ba fikiti zoona! This is when the truth is coming out eh??!! Why didnt they tell us all that time that this man was threatened? Why now? Why? Why are you people taking us for granted and deciding our fate in a manner that takes away our humanity? What if your clandestine meetings had ended up in a coup de etat or riots? Mu twalilile mwaumfwa ba mumbwe? Go on with this kind of nonsense, I assure you that you don’t have my vote. One voter less on your ticket might not matter but at least it’s my vote that am not giving you. Useless!
@Beautiful moma…. this is just the begining…. The panic button has been pressed and with Guy Scott holding power it means that he will be neutral. No misuse of govt funds, helicopters. TV free for all. And since they know the calibre of their ministers & mps (useless – I am justing borrowing Late Sata’s words) they know Guy Scott won’t assist them to retain power.
Not to mislead the public Steve Biko was not incarcerated for 27 years.
In SIX MONTHS these clowns could not organise a MEDICAL BOARD to tell us what we already knew, that Sata was incapacitated.
But in ONE DAY after the funeral they can be fighting amongst themselves for power!
Do we REALLY want such ID!OTS in charge of Zambia??????
What a shame! Why fight Scott? I smell a rat. Hon. Lungu is not fit to be president then. Why is he in a hurry? Power in a democratic nation with a working constitution is not wrestled but obtained through a ballot. If Lungu does not have the money to traverse the nation to solicit for votes he should relinquish his ambitions period. I pray that the court will be firm on this one in as far as interpreting the constitution is concerned. If he is looking for state machinery he should forget
@ Mwelwa K, I concur with you. I smell a very BIG RAT. Exactly my sentiments.
According to Article 38, did EL have an option other than surrender to the VP?
If and when Kapata (who soon must have hurried to London) and all the MPs did not witness signatures being were appended, was it not their job to insist on it being done immediately? The Minutes of this infamous meeting should reflect that.
It is unfortunate that the MPs were afraid of the Police, and not afraid of standing their ground. That is why the question still remains;
Was it in the power of EL to hold on to authority now that the president had died?
14/90 days gone..and as long as we have honourable MPs who are afraid of ba kapokola abo…
Of course there should be an inquiry if Edgar Lungu had been given power to act for the president as according to the constitution!
Stupid Neo-colonialists, who want to support a deranged white man to wrongfully hold on to power need to understand; the Constitutional rules MUST be upheld! Inquiry is correct in a civilised country. PULL YOUR GRASS SKIRTS DOWN! This is a patriot act.
Mambala iwe were does it say in the constitution that if the president passes on and there’s an ating president then that person assumes presidential responsibilities. You’re the baggers who write useless laws. Get a better education
At the rate of indecisiveness we have seen rest assured by next week Edgar will have regretted this whole court litigation and will issue a statement saying he did not authorize Kapata and Nguni to go ahead with this petition. Watch this space.
Mr Lungu is not fit to be president. He is a coward. How the hell can the whole lot of him make such a big mistake? He knew he was under duress and did not cry foul. Why now? I am one angry citizen, this lot is playing with our lives and everything we have worked for. I still cry this on top of my voice: ONE VOTE LESS! ://
The confusion goes on with PF. All the best with the battles.
Imwe ba PF, recall that when MMD was formed Chiluba was a mere Secretary General and the Party was being led by late Arthur Wina. Came elections at the Convention, FJT stood against Wina, Mulemba and Baldwin Nkumbula and Chiluba took over presidency of the party (MMD. He later stood against KK and won the republican presidency in 1991. So Lungu doesn’t have to be acting President to become the eventual leader the party. Mind that am in no way comparing FJT to Lungu. It is just precedence I am talking about.
Late Sata left them with ‘Ndendeule’, a new beat is in play and spectators are waiting for the dance style entertainment.
WE NOW KNOW WHY LUNGU CRIED! HE WAS BLAMING SATA FOR LOSING THE PRESIDENCE
Was Lungu dead when power was snatched from him? I thought he is a Lawyer and failed to interpret law.Zambian are these people we want to give the chance of leading this country.No wonder Sata said he had useless Ministers and MPS.
If lungu can freely give people like this is he fit to be the commander in Chief?
If these type of leadership is what is needed in Bemba land and Ngoni Land then Iam worried.
I am a bemba and voted for PF but this time i am voting for HH.This is very embarrassing.The Acting President says this and the Secretary General says something opposite.These are people Sata mentored.Cry my beloved Zambia
Edgar Lungu as really misfired on this one. I was one of the few Zambians who were supporting his bid. But with this development, I am made to think twice and HH is just my option. I think HH is by far much better than Edgar Lungu. HH is very much matured and is not a drunkard like Lungu. HH is not also not power hungry like Edgar Lungu.
Well, what is clear, is that the same citizens that were crying for the constitution; are now giving numerous examples where Zambia has miss-applied the constitutional
rules to allow ‘foreign’ people to hold presidential office in order that another ‘foreigner’ takes up office.
This is more than a constitutional peasouper! So foggy are the brains being asked to vote in a president!!
Please Zambians, if you want a constitution then you must understand its place. You must also understand your right to defend the rules within. If not, then we may as well not have one at all, WHICH IS WHAT SATA UNDERSTOOD.
You are not worth one; you need just a few whips to get your asses in line!
Patriot, you are killing me!
What idio’ts have been running Zambia govt! So Sata was right, that he employed useless minions? So it’s true Lungu is a drunkard, not in charge of himself but at the mercy of anybody assertive enough to pull strings on him? What a fatuous move Lungu has made. Now it remains to be seen if the justice system is as rotten as the PF.
@wantashi, I don’t uphold the derogatory name calling and unproven allegations you make!
However, I concur with you, that the citizens of Zambia will now have proof of how ‘clean’ our Judiciary is.
I personally want the Attorney General on the line, for creating this tinderbox situation. He needs to explain why he would have allowed this confusion, when it was Lungu who was to hold acting power.
In so many ways this is about PF power struggle. They created this move to disallow Lungu from taking part.
I appreciate Lungu does not need to act as president to contest it, BUT we have an illegal move made by our Judicial head and we need not to be manipulated by people who have no respect for the constitution.
The probem is our consitution was poorly written for selfish reasons. Even is layman language it is clear that when there’s a vacancy in the Presidency then VP takes charge, at no piont does it talk about acting President. Power is rightly with Scot as per the poorly drafted constitution. There was no point even calling for cabinent meeting for Lungu to hand over, it was automatic. Next time when you write your constitution insure that it’s clear and cover almost if not all eventualities. There’s no chance for Lungu winning this case otherwise it sets very bad precedent. Having read a number of publications and comments it would appear the issue is more about us being ruled by a white man albeit for 90 days. If anything Lungu etal should have rallied behind Scot until 2016
@patrick
Even with the poorly drafted constitution, that has more interpretations/interpreters than an UN session(!); we know that a non qualifying foreign individual may not hold power in ANY country in the world!
It is plain silly for ‘educated’ Zambians to keep arguing that fact. For that reason, it is correct to challenge the interpretation by Attorney General.
It is logical we do so, as according to your assertion, we have a badly drafted constitution. This implies the previous gov’ts in Zambia were in the habit of changing the rules to suite themselves. I therefore concur with you that we MUST redraft and pass quickly. Personally, the parentage clause and the 10year resident rule to prevent Zambians abroad taking power MUST stay, if we are to prevent…
It ends,
………..If we are to prevent Neo-colonialists (my pet hate) taking power.
All along, the argument by the PF has been that Zambia has a bona fide constitution. Now they are the ones who now seem to loathe it the most.
Where did you see a constitution which gets re-written every time there is a new party in power? That is precisely why it cannot withstand the test of time because it is written to fix certain individuals like KK. This is supposed to be a sacred document and not one to use to dupe citizens to ascend to power ati I will give you one in 90 days. We have been talking about constitutional change since time immemorial and no wonder we are in this quandary.
You are damn right Oyaya. You have nailed it exactly. That congolese pygmy FTJ started this business of toying with the constitution to suit his own agenda. Now everyone wants to have a go at doing the same. I’m no expert at world constitutions but the few I’m familiar with do not have this so called parentage clause to bar people from office because of the circumstances of their parents’ birth. The normal standard is for the candidate himself or herself to have been born in that particular country.
Leadership is not just about enjoying the perks of the office one holds: being called Honourable, Your Honour and enjoying numerous fringe benefits. It is about rising to the occasion when the shit hits the fan like it has done now with the expected demise of Sata. Are these so called leaders going to rise to the occasion? The answer is an empathic NO. They do not have the mettle, or to put it crudely the Balls. Its time for Zambians to get rid of these clowns, cowards masquerading as leaders. We chased white colonialists, lets show the door to these pretenders also. Its now or never or you will soon have His Excellency GBM or Chishimba Kambwili at Plot One!!
I have lost all respect I had for EL. If anything, what else has he done that deserves our vote, apart from a sympathy vote. Infact Sata is his own person. Same applies to Lungu, different persons/personalities. Let us vote with our brains. I feel alot was going on behind the curtain, hence Scott taking that action of removing him.
This is not about Edgar Lungu, BUT about the constitution; which you clearly have demonstrated you have no understanding nor respect for.
Patriot Abroad, the problem is about our so called legal minds who give us different interpretations of the same document. No wonder I think lawyers are the lowest of the low…right next to drug dealers.
@Oyayi
concur on Lawyers. The jokes about them accurate!
10 lawyers in a sack down with heavy bricks at the bottom of the ocean. …… is a good start!
@18.1 mr chola, ala ubushilu efyo bwamba ififine, why maline you dont even know. As for other bloggers that ve filthy negative language, wait until the cartel takes over you ll dance many songs.
I tried to check the word ‘maline’ and it does not exist. Did you mean malign which means to speak harmful untruths about someone? It appears what Chola stated above is not untruthful so we should not be dimsissing what he is saying but should say LAZ already meted the due punishment to Edgar and we do not have double-jeopardy in Zambia so he cannot be punished twice. In other words he has already paid his dues by having his practising license withdrawn for sometime. However, a criminal complaint follows you everywhere you go and it is something that Edgar has to live with it for the rest of his life. I hope he has learnt some lessons that he can impart to his children.
Unfortunately, this fight is over a constitution that is already in the casket. PF are the ones who have diligently and deliberately kept it on life support.
Now, it is the same PF who are being haunted by the same constitution they have deliberately kept alive. They are only reaping what they themselves sowed.
I think Mr. Lungu is making a political blunder which will leave him bruised. It is in his own interest to work with Guy Scott rather than fighting him. This legal action will only bring further division in the party. He he loses this case he will lose even the little political integrity he has. I wonder who is paying Mt Ng’uni; I thought Edgar had no money?!
Mushota….you have starting seeing sense now…welcome to the HH camp…
its the only progressive camp in Zambia today!
Lungu is just a desperate drunkard who has no clue of what direction to take. What do you expect from a guy who embezzled client`s money.
PLEASE PASS THIS MESSAGE TO THOSE BANDITS IN PF
ZAF PLANES AND GRZ CARS WERE NOT SATAS OR THE PF. THOSE BANDITS IN PF USE YOUR OWN MONEY YOU STOLE FROM THE GOVERMENT AND START CAMPING. BA EDGUA LUNGA TAKING GUY SCOT TO COURT SO THAT YOU CAN USE ZAF PLANES TO CAMPING. MR SATA AND MR GUY SCOTT STARTED WITH NOTHING WHEN THE MADE PF , USED THERE OWN MONEY TO CAMPING FOR 10YRS AND WERE EVEN SLEEPING IN THE CARS. BA LUNGA WE KNOW YOU PLAN, BEEN ACTING PRESIDENT THE YOU DECLINE STATE OF EMERGENCY SO THAT THE WILL BE NO ELECTION UNTIL 2016 BY THEN ALL POLITICAL OPPSITION WILL BE IN JAIL.USE YOUR MONEY YOY STOLE AND IF YOU LOSE COME AND JOIN AS DRINKIN SHAKE SHAKE
For once, I agree with Mushosta. But Sata never respected our constitution and made decisions without following the constitution. why did these crooked lawyers not challenge him? let Scott continue to act as our president. Lungu and the likes of prostitute Jean who has failed the people of NWP should not be given chance to destroy Zambia more with their fellow crooks. Let Lungu prepare for the general convention and see if he will be elected.
Edgar Lungu is the annointed acting president. There is no relationship between acting presidency and vice presidency. The only relationship is that the latter is junior. The incumbent appionted Edgar Lungu as acting president period. Mr Guy Scott is ceremonial vice president and should be regardsed as such. Your constitutional articals that you are quoting have nothing to do with an acting president appointed by the incumbent president. If no one was given the instruments of power then your articles can be used to settle the matter otherwise Sata settled the matter before he died.
Why did HE SATA leave instruments of power with EDGAR? if Guy Scot was around?.
Let the truth come out, Include All the security chiefs on the whether they indeed recved orders from the Cartel Musa Mwenye!!! Zambia public need to know the truth.
HH please come to Munali constituency. We just can’t wait; we are salivating like the canine animal of Pavlov. Please HH come over, our voter’s cards have been dusted and polished up!
PIPO PIPO WHAT NONSENSE IS THIS? BA MA PAMAFI WILL BRING PROBLEMS TO US.WHAT IS THE PROBLEM KANSHI UGLY JEAN KAPATA.
PLEASE NEWTON NGUNI DONT BRING PROBLEMS .I DID NOT KNOW THAT PF IS SO DIVIDED .CLEARLY IT SHOWS THEY DONT HAVE REGARD FOR GUY SCOTT MUZUNGU OPUSA KI KI KI
This is the flip side of democracy. You have people exercising their rights of expression on literally antything and everything anytime and anywhere. Look at this power transfer issue hinging on Gazette Notice, Letter of Transfer and Signing of Instruments.
May be this is right to set a good precedence for legal and procedural righteousness. Obviously, it appears as a worst of time at best. But who cares about that, let Nguni and others enjoy their constitutional right to drag anybody to court anytime on any issue that they please.
It is understable though when others deem this as a diversion from more pertinent issues. Let the judicial process run its course while others prepare adequately for the elections.